STRAKOS & STRAKOS

In the matter of STRAKOS & STRAKOS, Cronin J of the Supreme Court of Tasmania made orders concerning the division of property and the conduct of proceedings between a husband and wife. The dispute centred on the sale of a property located at B Street, Suburb C, and the distribution of its proceeds, as well as the retention of other assets by each party.

The court was required to determine the terms of the property sale, including the appointment of a selling agent and the method of sale, in circumstances where the wife was absent and the matter was proceeding undefended. Further issues included the order of priority for the application of sale proceeds and the division of the net balance between the parties. The court also addressed the disposition of other assets, such as monies in banks, motor vehicles, real estate, and superannuation policies, and the indemnification of each party against liabilities incurred in the other's name.

Cronin J ordered that the husband be granted leave to proceed with the final hearing in the wife's absence on an undefended basis. The court directed the immediate sale of the B Street property, with a mechanism in place for the President of the Real Estate Institute of Tasmania to determine the selling agent, price, and method of sale if the parties could not agree by a specified date. The proceeds were to be applied first to sale expenses, then to discharge any mortgage, legal costs of the sale, and outstanding rates and charges. The remaining balance was to be divided 60 per cent to the husband and 40 per cent to the wife. Each party was to retain their existing interests in other specified assets, and neither party was to incur liability in the name of the other, with an indemnity provided. The husband was granted liberty to apply regarding the property sale and final hearing.